ON THE QUESTION OF THE CONCEPT AND SIGNS OF ACTUAL MARRIAGE UNDER FAMILY LAW OF UKRAINE

The scientific article on the basis of doctrinal sources and current family law explores the concept and features of actual marriage, identifies features that distinguish it from marriage registered in the registry offices of civil status. Based on the study, the author determines that the actual marriage is a legal relationship between a woman and a man, aimed at the emergence of family rights and responsibilities, but which are not registered in the state registration of civil status, and therefore do not have state protection in terms of all the legal consequences of marriage; such legal protection (state recognition) applies only to certain property rights and obligations in respect of jointly acquired property and alimony obligations. The actual marriage is characterized by the following features: the term (has actual significance for distinguishing the actual marriage from other forms of cohabitation, but does not matter for the provision of legal protection of the actual marital relationship by the court); non- anonymity; the intention to establish a stable relationship inherent in marriage due to the existence of an established relationship between the actual spouse, as evidenced by the permanence and continuity of the relationship between man and woman, cohabitation, the union of man and woman by common life; running a joint household, a joint family budget, mutual care, maintenance and care, the presence of joint children, their joint upbringing; heterosexuality and monogamy (as well as the first sign is important for the state recognition of the actual marriage, but may be absent); the existence of legal consequences of marriage in the field of determining the legal regime of jointly acquired property and the recognition of alimony obligations in actual marital relations in terms of Articles 74 and 91 of the Family Code of Ukraine